Evans police officer cleared of criminal charges in investigation into 2012 shooting death

Related Media

An Evans police officer has been cleared of any criminal wrongdoing in the 2012 death of Ashley Fallis.

Fallis, a young mother of three, died Jan. 1, 2012, after a New Year’s Eve party at her Evans home. Her death was ruled a suicide, but her family insisted she died at the hands of her husband, Tom Fallis, who was a Weld County Sheriff’s Office deputy at the time.

Fallis’ parents, Jenna Fox and Joel Raguindin, charged that Evans police officers had motive to steer the investigation toward a finding of suicide because it involved a fellow officer.

They also claimed that officer Michael Yates omitted key witness statements that pointed to evidence of murder.

Evans policed turned over an investigation into Yates’ conduct to Loveland police in April.

In a release issued Thursday, Loveland police stated they hadn’t found evidence to charge Yates criminally and they would not forward the case to the Weld district attorney.

Fox said Thursday she was not surprised at the results of the investigation so far.

“I’m not surprised, unfortunately, and it’s really sad what’s going on in America now. Cops don’t get charged. They don’t. So it’s no surprise to me,” Fox said, declining to comment further because the case is still under investigation by Fort Collins police.

Evans Police Chief Rick Brandt said he would now begin an internal investigation into Yates’ conduct during the Fallis investigation.

“This (next) step examines allegations of misconduct against police officers in the context of departmental policy,” Brandt wrote in a statement. “It is my intent to bring in an outside agency or investigator not affiliated with the city of Evans Police Department, or involved with this case, to conduct a thorough and objective investigation into the allegations to determine if any departmental policies or procedures were violated.

“In the interest of transparency and full disclosure, it is my belief that seeking an outside entity to conduct this investigation is appropriate.”

Yates will continue his duties during the investigation, Brandt said.

Denver attorney Dan Recht said his concern is now focused on the investigation into the shooting, which Evans police handed over to Fort Collins police in April.

“That’s pending, and frankly, from my perspective as attorney for Jenna Fox and her husband Joel, that’s always been my focus,” Recht said. “We want to see him charged with first-degree murder. That’s the global picture.”

Fallis’ parents said in earlier reports that police ignored statements from a neighbor who said he heard Tom Fallis say he shot his wife.

Recht told reporters last spring that the New Year’s Eve party, attended by family, ended abruptly because Tom Fallis was in a rage.

A neighbor told police she heard Ashley say, “Get off me, get off me,” before the gunshot, Recht said in earlier reports.

The bedroom in which it happened was in disarray, and the couple both showed signs of being in a physical fight, Recht said.

Tom Fallis has since moved from Evans and lives out of state with the couple’s three children.